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Showing contexts for: piracy in Microsoft Corporation vs Mr. Kiran And Anr. on 7 September, 2007Matching Fragments
5. It is stated that the plaintiff suffers incalculable damage to its intellectual property rights and business on account of various forms of copyright piracy. A brief description of common methods of copyright infringement employed in relation to computer software is described in para 11 of the plaint which are reproduced below:
reproducing the plaintiff's software and the packaging of that software, so that purchasers are deliberately misled into believing that the product they are buying is genuine software.
reproducing or "burning" the plaintiff's software onto a blank CD, where no attempt is made to represent that the copy is genuine.
reproducing a number of the plaintiff's programme on a single CD-ROM, known as a "compilation" CD.
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6. It is stated that there is another form of piracy that is assuming great significance in the information age is that of Internet piracy. Internet piracy occurs when software is downloaded from the Internet or distributed via the Internet without the permission of the copyright owner. Common Internet sites used for this infringing activity include online classified advertisements, Auction Houses, newsgroups, personal web sites and Bulletin Board Service (BBS) sites.
7. It is stated that defendant no. 2 of which defendant no. 1 is stated to be the Manager, is indulging in this illegal activity of counterfeiting and piracy. It is the case of the plaintiff that in September 2002, the plaintiff received the information that the defendants are infringing the plaintiff's copyright, trade marks and other intellectual property rights by carrying on business of unauhtorised hard disk loading i.e. pre-loading various software of the plaintiff company onto hard disk of the computer that were being assembled and sold by them. The software loaded onto the machine, naturally, were not accompanied by the original Media, being the Compact Disc(s)/Floppy Disks, Certificate of Authenticity (COA), End User license Agreements (EULAs), User Instruction Manuals, Registration Cards and so on, that accompany the plaintiff's genuine software.
21. The computer industry is a high investment industry not only in terms of money but also in terms of the valuable time, skill and effort which goes into the development of new and advanced computer programs and software, therefore, it becomes imperative that the illegal trade activities of traders like the defendants are restrained and the dangerous growth of the computer software piracy be stemmed. And since the plaintiff is the world leader in this field, it tends to be the main target of such counterfeiting and piracy.